Effective Date: January 1, 2025

Welcome to CrossLink Media, LLC (“CrossLink Media,” “we,” “us,” or “our”). These Terms of Service (“TOS”) govern your use of our website, messaging services, and SMS messaging platform (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these TOS. If you do not agree, please do not use our Services.

1. Acceptance of Terms

By using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these TOS.

2. Description of Services

CrossLink Media provides an Application-to-Person (A2P) SMS messaging platform that enables businesses to send text messages to consumers for marketing, notifications, and other purposes. Our Services are subject to compliance with applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

3. User Responsibilities

3.1 Compliance with Laws

You agree to use our Services in compliance with all applicable federal, state, and local laws, including:

• Telephone Consumer Protection Act (TCPA): You must obtain express written consent from recipients before sending SMS messages, including marketing messages, and provide clear opt-out mechanisms.
• CAN-SPAM Act: For commercial messages, you must include a valid physical postal address and a clear way for recipients to unsubscribe.
• CTIA Guidelines: You must adhere to industry standards for A2P messaging, including message content restrictions (e.g., no spam, illegal content, or prohibited materials).

3.2 Prohibited Uses

You may not use our Services to:

• Send unsolicited messages (spam) or messages without proper consent.
• Transmit content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable.
• Violate the intellectual property or privacy rights of others.
• Interfere with or disrupt the Services, including through hacking or malware.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately at support@crosslinkmedia.com if you suspect unauthorized access.

4. Consent for SMS Communications

By providing your mobile phone number to CrossLink Media, you expressly consent to receive SMS messages from us or our clients, including marketing and transactional messages. You may opt out at any time by replying “STOP” to any message or contacting us at support@crosslinkmedia.com. Message and data rates may apply.

5. Intellectual Property

All content, software, and materials provided through the Services are owned by CrossLink Media or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any part of the Services without our written permission.

6. Termination

We may suspend or terminate your access to the Services at our discretion, with or without notice, if you violate these TOS or for any other reason. Upon termination, your right to use the Services ceases immediately.

7. Disclaimer of Warranties

The Services are provided “as is” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or secure.

8. Limitation of Liability

To the fullest extent permitted by law, CrossLink Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total liability shall not exceed the amount you paid us for the Services in the preceding 12 months.

9. Indemnification

You agree to indemnify and hold harmless CrossLink Media, its affiliates, officers, and employees from any claims, damages, or losses arising from your use of the Services or violation of these TOS.

10. Governing Law and Dispute Resolution

These TOS are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from these TOS shall be resolved through binding arbitration in Delaware under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

11. Changes to the TOS

We may update these TOS from time to time. We will notify you of material changes by posting the updated TOS on our website or through the Services. Your continued use of the Services after such changes constitutes acceptance of the updated TOS.

12. Contact Information

For questions about these TOS, contact us at: CrossLink Media, LLC
Email: support@crosslinkmedia.com